26 Ga. App. 652 | Ga. Ct. App. | 1921
1. There being some evidence that ■would have authorized the jury to find that a conspiracy existed between the defendant and his half-brother to take the life of the deceased, and that both of them shot
2. Under repeated rulings of the Supreme Court and of this court, an erroneous charge upon the subject of murder does not require a new trial in a case where the verdict was for manslaughter. Under this ruling, ground 5 of the motion for a new trial is without merit.
3. Under the evidence it was not error for the court to submit to the jury the question whether or not a conspiracy had been shown and to accompany the submission of this question with appropriate instructions thereon.
4. The verdict was amply authorized by the evidence, and it was not error to overrule the motion for a new trial.
Judgment affirmed.